gentlemen, who, it is reported, are appointed by the East India Company
to receive and sell said tea, and request them, from a regard to their
own characters, and the peace and good order of this Town and Province,
immediately to resign their appointments.
And the following gentlemen, viz., the Moderator, Mr. Henderson Inches,
Benjamin Austin, Esq^r., and the Select men of the Town, were appointed
a committee accordingly.
At the same time, the Town passed the following resolves, viz.:
Whereas, the merchants of this Continent, did enter into an agreement to
withhold the importation of teas until the duty laid thereon mould be
repealed, which agreement, as we are informed, has been punctually
observed by the respectable merchants in the Southern Colonies, while,
by reason of the peculiar circumstances attending the trade of this
place, some quantities, tho' very small in proportion to what had been
usual before said agreement, have been imported by some of the merchants
here. And whereas, it now appears probable to this Town, that the
British Administration have taken encouragement, even from such small
importations, to grant licenses to the East India Company, as aforesaid,
therefore,--
Resolved, That it is the determination of this Town, by all means in
their power, to prevent the sale of teas exported by the East India
Company, and as the merchants here have generally opposed this measure,
it is the just expectation of the inhabitants of this town that no one
of them will, upon any pretence whatever, import any tea that shall be
liable to pay the duty from this time, and until the Act imposing the
same shall be repealed.
[Illustration: Signature, Samuel Adams.]
GOVERNOR GAGE, THROUGH COL. FENTON, TO SAMUEL ADAMS, 1773.
"Mr. Adams, you have displeased His Majesty, made yourself liable to be
sent to England, and tried for treason. Change your political course,
you will receive personal advantages, and also make your peace with the
King."
_Mr. Adams' Reply:_ "I have long since made my peace with the King of
Kings. No personal consideration shall induce me to abandon the
righteous cause of my country. Tell Gov. Gage it is the advice of Samuel
Adams, to him, no longer to insult the feelings of an already
exasperated people."
And then the Town adjourned till three o'clock in the afternoon.
* * * * *
At 3 o'clock, there was again a very full assembly, and the committee
reported to the Town that they had waited on Richard Clarke, Esq^r. and
Son, and Benjamin Faneuil, Esq^r., said to be factors of the East India
Company, and communicated to them the resolve of the Town, whereby they
were requested, immediately, to resign their appointment, and that said
gentlemen informed the committee, that as Messrs. Thomas & Elisha
Hutchinson, (who are also reported to be factors of the said Company,)
were at Milton, and not expected in town 'till Saturday evening, and as
they chose to consult them, they could not return an answer to the Town
'till Monday morning.
Then another committee was chosen viz., Mr. Samuel Adams, Mr. Wm.
Molineux and Dr. Joseph Warren, to acquaint Messrs. Clarke & Faneuil,
that as they were not joint factors for the East India Company with the
Hutchinson's, it was supposed they could determine for themselves, and
therefore it was the expectation of the Town that they return an
immediate answer to the message, and this committee reported to the Town
that an answer might be expected in half an hour.
A motion was then made that a committee be appointed to repair to
Milton, and acquaint Messrs. Thomas and Elisha Hutchinson, with the
request of the Town, that they immediately resign their appointment, and
John Hancock, Esq^r., Mr. John Pitts, Mr. Samuel Adams, Mr. Samuel
Abbott, Dr. Joseph Warren, Mr. Wm. Powell, and Mr. Nath^l Appleton, were
appointed for that purpose.
A letter was brought into the hall, signed by Richard Clarke & Son, &
Benjamin Faneuil, for himself & Joshua Winslow, Esq^r., and directed to
the Moderator, to be communicated to the Town, viz:
"Boston, 5^th Novm^r., 1773.
Sir:
It is impossible for us to comply with the request of the Town,
signified to us this day by the committee, as we know not what terms the
tea, if any part of it should be sent to our care, will come out on, and
what obligations, either of a moral or pecuniary nature, we may be
under, to fulfil the trust that may be devolved on us. When we are
acquainted with these circumstances, we shall be better qualified to
give a definitive answer to the request of the Town.
We are, sir,
Your most h'ble serv^ts,
RICHARD CLARKE & SON,
BENJAMIN FANEUIL, for self & JOSHUA WINSLOW, Esq^r.
Hon'ble John Hancock, Esq^r.,
Moderator of a Town Meeting, assembled at Faneuil Hall."
This letter was read, and unanimously voted to be not satisfactory to
the Town, and then the meeting adjourned 'till the next day, at eleven
o'clock, to receive the report of the committee appointed to wait on the
Hutchinsons.
* * * * *
The Town met by adjournment, on Saturday, (the meeting still continuing
very full,) and the committee reported, that they had seen Mr. Thomas
Hutchinson only, (his brother being neither at Milton or Boston,) and
that the Town might expect an answer from him immediately.
The following letter was soon after sent in to the Moderator, signed
Thomas Hutchinson, which was read, and unanimously voted to be an
unsatisfactory answer, viz.:
"Sir:
I know nothing relative to the teas referred to in the request or vote
of the Town, except that one of my friends has signified to me by
letter, that part of it, he had reason to believe, would be consigned to
me and my brother jointly. Under these circumstances, I can give no
other answer to the Town at present, than that if the teas should
arrive, and we should be appointed factors, we shall then be
sufficiently informed to answer the request of the Town. I am, for my
brother and self, sir,
Your h'ble serv^t,
THOS. HUTCHINSON, Jun^r.
Hon'ble John Hancock, Esq^r.,
Moderator of a Town Meeting, now assembled.
It was then voted, that the letter, signed Richard Clarke & Son,
Benjamin Faneuil, for self and Joshua Winslow, Esq^r., and also the
letter signed Thomas Hutchinson, which had been read, were daringly
affrontive to the Town, and the meeting was immediately dissolved.
* * * * *
AN ACCOUNT OF TEA IMPORTED AT BOSTON,
_Referred to above, in Mr. Clarke's Letter, from the same._
Mr. DRAPER:
Please to publish the following account of the importation of teas from
Great Britain, from the commencement of the year 1768, to the present
time, for the information of such of your readers as desire to be
acquainted therewith:
Chests.
In 1768, 942 by 82 diff^t persons.
1769, 340 33 d^o.
1770, 167 22 d^o.
1771, 890 103 d^o.
1772, 375 70 d^o.
1773, 378 61 d^o.
N.B.--The merchants in London, not having executed the orders for tea
this fall, on account of the expected exportation from the East India
Company, greatly lessens the quantity of the present year.
Q.
* * * * *
_HALIFAX._
Mr. Michell presents his compliments to Mr. Watson, and by order
acquaints him, that the Court of Directors of the East India Company
have agreed that the Company's teas, which may be rejected at Boston,
and other places in America, should be sent to Halifax, in the manner
with which Mr. Watson was acquainted by the Committee, with whom he this
day conferred, and Mr. Michell is to desire Mr. Watson will, as soon as
may be, name to him the other house here, which is to join in that
business, and the other gentleman at Halifax, to be concerned in the
agency there with Mr. John Butler, that the necessary dispatch may be
given to the advices, to go from hence tomorrow, at 10 in the forenoon,
to the plantation office, and be there forwarded to America. He is also
to request Mr. Watson, will by that time, convey hither such letters as
he intends should go under the Company's cover, by the same dispatch to
Halifax, relating to this business
East India House,
Friday evening, 7^th Jan^y, 1774.
* * * * *
Joshua Mauger, Esq^r., Member of Poole, in £10,000.
Brook Watson, }
Rob^t Rashleigh, } of London, merchants, and in £10,000.
Joint security for the due execution of the commission for the disposal
of the Company's teas by John Butler, Esq^r., and Tho^s Cochran, of
Halifax.
* * * * *
_NEW YORK._
THE AGENTS OF NEW YORK, THEIR PETITION TO THE GOVERNOR,
_Referred to in their Letter of the 1^st Dec^r._
TO HIS EXCELLENCY WILLIAM TRYON, ESQ^R., CAPTAIN-GENERAL AND GOVERNOR IN
CHIEF IN AND OVER THE PROVINCE OF NEW YORK, AND TERRITORIES DEPENDING
THEREON, IN AMERICA, CHANCELLOR AND VICE-ADMIRAL OF THE SAME.
_The Memorial of Henry White, Abra^m Lott, & Benj^m Booth, of the City
of New York, merchants._
Humbly sheweth:
That your memorialists have, by the last packet, received advices of
their being appointed agents by the East India Com^y. for the sale of
certain teas by them shipped and daily expected to arrive in this port.
That your memorialists are informed by letter from the Directors of the
said Company, that they have given security in double the value of the
tea, that a certificate of its being duly landed shall be returned to
the custom house, in London.
That as the said tea, on its importation, will be subject to the
American duty, and as there is on that account a general and spirited
opposition to its being sold, and being well convinced from the nature
of the opposition, that so considerable a property of the Company will
not be safe unless Government takes it under protection, your
memorialists therefore humbly pray that your Excellency will be pleased
to direct such steps to be taken for the preservation of the said tea,
as your Excellency in your wisdom shall think most conducive to that
end.
HENRY WHITE.[47]
ABR^M LOTT.
BENJ^M BOOTH.
New York, 1st Dec^r., 1773.
[Illustration: Hutchinson]
* * * * *
_BOSTON._
Proceedings of the inhabitants of the town of Boston, on the 18^th
Nov^r., 1773, referred to by the agents in their letter of the 2^d
Dec^r., are missing, supposed to be transmitted to Lord Dartmouth.[48]
* * * * *
PETITION OF THE AGENTS, & PROCEEDINGS OF THE COUNCIL OF BOSTON THEREON,
_Referred to by the Agents in their Letter of the 2^d Decem^r._
TO HIS EXCELLENCY THE GOVERNOR AND THE HON'BLE HIS MAJESTY'S COUNCIL.
_The Petition of Rich^d Clarke & Sons, of Benj^n Faneuil, & Tho^s. &
Elisha Hutchinson._
That the Hon'ble East India Company, in London, have shipped a
considerable quantity of tea for the port of Boston, and as your
petitioners are _made_ to understand, will be consigned to their address
for sale.
That some of your petitioners have in consequence of this been cruelly
insulted in their persons and property; that they have had insulting and
incendiary letters left and thrown into their houses in the night; that
they have been repeatedly attacked by a large body of men; that one of
the houses of your petitioners was assaulted in the night by a
tumultuous and riotous assembly of people, and violent attempts made to
force the house for the space of two hours, that have greatly damaged
the same; that they are threatened in their persons and property, and
further with the destruction of the said tea on its arrival into the
port; and that the resolves and proceedings of the Town, in their
meetings on the 5^th and 18^th inst., are intended to be expressive of
the general sense of the Town, to which we beg leave to refer your
Excellency and the Honorable Board.
Your petitioners therefore beg leave to resign themselves, and the
property committed to their care, to your Excellency and Honors, as the
guardians and protectors of the people, humbly praying that measures may
be directed to, for the landing and securing the teas, until your
petitioners can be at liberty, openly and safely, to dispose of the
same, or until they can receive directions from their constituents.
Signed,
RICH^D CLARKE,
BENJ^N FANEUIL, Jun^r.
THO^S & ELISHA HUTCHINSON.
A true copy from the original.
Petition on file. Attest:
Signed, THO^S. FLUCKER, Sec^y.
* * * * *
PROCEEDINGS OF THE COUNCIL THEREON,
_At a Council held at the Council Chamber, in Boston, upon Friday, Nov^r
19, 1773._
Present:
His Excellency Thomas Hutchinson, Esq^r., Governor.
Isaac Royal,[49] } James Bowdoin, } James Pitts,
John Erving, } Esq^rs. James Russell, } Esq^rs.
Wm. Brattle,[50] } James Otis, } Sam^l Dexter, Esq^rs.
His Excellency represented to the Council the tumults and disorders
prevailing in the town of Boston, and required their advice upon
measures proper for preserving the peace, and for supporting the
authority of Government. Whilst the Council were debating on the
subject, a petition from Rich^d Clarke, Benj^n Faneuil, and Messrs.
Tho^s. and Elisha Hutchinson, to the Governor and Council was presented,
setting forth that the Hon'ble East India Com^y, in London, have ship'd
a considerable quantity of tea for the port of Boston, which they are
made to understand, will be consigned to their address, for sale, and
that some of them have, in consequence of this, been cruelly insulted in
their persons and property. They therefore beg leave to resign
themselves, and the property committed to their care, to the Governor
and Council, as the guardians and protectors of the people, and pray
that measures may be directed to, for the landing and securing the teas,
until they can be at liberty, openly and safely, to dispose of the same,
or until they can receive directions from their constituents. After long
debate, it was proposed and agreed that his Excellency be desired to
appoint a future day for the Council to sit, and he appointed the 23^d
inst., and the Council adjourned the further consideration to that time
accordingly.
November 23^d, 1773. Present in Council: His Excellency Tho^s.
Hutchinson, Esq^r., Governor.
Isaac Royal, } Esq^rs. James Bowdoin, } James Pitts,
John Erving, } James Russell, } Esq^rs. John Winthrop,
James Otis, } Esq^rs.
His Excellency directed the Council to proceed in the consideration of
the petition of Rich^d Clarke, Esq^r., and others, as entered the 19^th
inst., for which purpose he had ordered them to sit at this time, and a
debate being had thereupon, it was moved to his Excellency that the
Council might sit on a further day, there being only a bare quorum
present, to which his Excellency agreed; advised that all those members
of the Council who live within 40 miles of the town of Boston be
summoned then to attend, which was done accordingly, to meet on
Saturday, the 27^th inst.
* * * * *
Novem^r 27^th. Present in Council: His Excellency Tho^s. Hutchinson,
Esq^r., Governor.
[Illustration: THOMAS GAGE, THE LAST ROYAL GOVERNOR.]
Samuel Danforth,[51] James Russel, James Humphrey,
Isaac Royal, James Pitts, Artemas Ward,
John Erving, Samuel Dexter, John Winthrop, Esq^rs.
James Bowdoin. George Leonard.
His Excellency, after representing to the Council the disorders
prevailing in the town of Boston, recommended to them to proceed on the
petition of Rich^d Clarke, and others, relative to those disorders, and
required their advice. After a long debate, it was moved to his
Excellency that a Com^tee of the Council be appointed to prepare the
result of the said debate, to be laid before his Excellency, to which he
consented, and James Bowdoin, Sam^l Dexter, and John Winthrop, Esq^rs.,
were appointed accordingly. Mr. Bowdoin made a report, which was
considered and debated by the Council, and it was moved to his
Excellency that he would adjourn the Council to a future day for further
consideration, and he appointed Monday, the 29^th for that purpose.
Novem^r 29^th, 1773. Present in Council: His Excellency Tho^s.
Hutchinson, Esq^r., Governor.
Samuel Danforth, Esq^r. James Bowdoin, Geo. Leonard,
Isaac Royal, James Russell, Artemas Ward,
John Erving, James Pitts, John Winthrop,
Samuel Dexter, Esq^rs.
His Excellency directed that the Council proceed upon the business for
which it stands adjourned. After debate upon the report of the Com^tee
the question whether it should be accepted was put, which passed
unanimously in the affirmative as the advice of the Council to his
Excellency, in the words following, viz.:
Previous to the consideration of the petition before the Board, they
would make a few observations occasioned by the subject of it. The
situation of things between Great Britain and the Colonies has been for
some years past very unhappy. Parliament, on the one hand, has been
taxing the Colonies, and they, on the other hand, have been petitioning
and remonstrating against it, apprehending they have constitutionally an
exclusive right of taxing themselves, and that without such a right,
their condition would be but little better than slavery.
Possessed of these sentiments, every new measure of Parliament tending
to establish and confirm a tax on them renews and increases their
distress, and it is particularly encreased by the Act lately made,
empowering the East India Company to ship their tea to America. This
Act, in a commercial view, they think introductive of monopolies, and
tending to bring on them the extensive evils thence arising. But their
great objection to it is from its being manifestly intended (tho' that
intention is not expressed therein,) more effectually to secure the
payment of the duty on tea, laid by an Act of Parliament passed in the
7^th year of his present Majesty, entitled, "An Act for granting certain
duties in the British colonies and plantations in America," which Act in
its operation deprives the colonists of the right above mentioned (the
exclusive right of taxing themselves), which they hold to be so
essential a one that it cannot be taken away or given up, without their
being degraded, or degrading themselves below the character of men.
It not only deprives them of that right, but enacts that the monies
arising from the duties granted by it may be applied "as his Majesty or
his successors shall think proper or necessary for defraying the charges
of the administration of justice and the support of the civil
government, in all or any of the said colonies or plantations."
This clause of the Act has already operated in some of the colonies, and
in this colony in particular, with regard to the support of civil
government, and thereby has operated in diminution of its charter rights
to the great grief of the good people of it, who have been and still are
greatly alarmed by repeated reports, that it is to have a further
operation with respect to the defraying the charge of the administration
of justice, which would not only be a further diminution of those
rights, but tend in all constitutional questions, and in many other
cases of importance to bias the judges against the subject. They humbly
rely on the justice and goodness of his Majesty for the restitution and
preservation of those rights.
This short statement of facts the board thought it necessary to be given
to shew the cause of the present great uneasiness which is not confined
to this neighbourhood, but is general and extensive. The people think
their exclusive right of taxing themselves by their representatives,
infringed and violated by the Act above mentioned. That the new Act
empowering the East India Company to import their tea into America
confirms that violation, and is a new effort, not only more effectually
to secure the payment of the tea duty, but lay a foundation for
enhancing it, and in a like way, if this should succeed, to lay other
taxes on America. That it is in its attendants and consequences ruinous
to the liberties and properties of themselves and their posterity; that
as their numerous petitions for relief have been rejected, the said New
Act demonstrates an indisposition in ministry that Parliament should
grant them relief; that this is the source of their distress, a distress
that borders upon dispair, and that they know not where to apply for
relief.
These being the sentiments of the people, it is become the indispensible
duty of this Board to mention them that the occasion of the late demands
on Mr. Clarke and others, the agents of the East India Company, and of
the consequent disturbances, the authors of which we have advised should
be prosecuted, but to give a just idea of the rise of them.
On this occasion, justice impels us to declare that the people of this
Town and Province, tho' they have a high sense of liberty derived from
the manners, the example and constitution of the mother country, have,
'till the late parliamentary taxation of the Colonies, been as free from
disturbances as any people whatever.
This representation the Board thought necessary to be made prior to
their taking notice of the petition of the agents above mentioned, to
the consideration of which they now proceed.
The petitioners beg leave "to resign themselves, and the property
committed to their care, to his Excellency and the Board, as guardians
and protectors of the people, praying that measures may be directed to
for the landing and securing the tea," &c.
With regard to the personal protection of the petitioners, the Board
have not been informed that they have applied for it to any of the
justices of the peace, they being vested by law with all the authority
necessary for the protection of his Majesty's subjects. In the principal
instance of abuse of which they complain, the Board have already advised
that the authors of it should be prosecuted according to law, and they
do advise the same in the other instances mentioned in their petition.
With regard to the tea committed to the care of the petitioners, the
Board have no authority to take either that or any other merchandize out
of their care, and should they do it, or give any order or advice
concerning it, and a loss ensue, they apprehend they should make
themselves responsible for it. With respect to the prayer of the
petition, that measures may be directed to "for the landing and securing
the tea," the Board would observe on it, that the duty on the tea
becomes payable, and must be paid or secured to be paid on its being
landed, and should they direct or advise to any measure for landing it,
that would of course advise to a measure for procuring the payment of
the duty, and therefore by advising to a measure inconsistent with the
declared sentiment of both houses in the last winter session of the
General Court, which they apprehend to be altogether inexpedient and
improper.
The Board, however, on this occasion assure your Excellency that as they
have seen, with regret, some late disturbances, and have advised to the
prosecuting the authors of them, so they will in all legal methods
endeavor to the utmost of their power to prevent them in future.
Whereupon advised that his Excellency renew his orders to his majesty's
justices of the peace, sheriffs, and other peace officers, to exert
themselves to the utmost for the security of his Majesty's subjects; the
preservation of peace and good order, and for preventing all offences
against the laws.
His Excellency thereupon demanded of the Council whether they would give
him no advise upon the disorders then prevailing in the town of Boston,
and it was answered in general that the advise already given was
intended for that purpose.
A true copy from the minutes of the Council.
Attest:
THO^S. FLUCKER, Sec^y.
* * * * *
PROCEEDINGS OF THE TOWN OF BOSTON ON THE 29^TH & 30^TH NOVEMB^R, 1773,
_Referred to by the Agents there, in their Letter of the 2^d December,
1773._
At a meeting of the people of Boston and the neighbouring towns, in
Faneuil Hall, in said Boston, on Monday, 29^th Novem^r, 1773, nine
o'clock, A.M., and continued by adjournment to the next day, for the
purpose of consulting, advising, and determining upon the most proper
and effectual method to prevent the unloading, receiving or vending the
detestable tea sent out by the East India Company, part of which being
just arrived in this harbour, in order to proceed with due regularity,
it was moved that a moderator be chosen, and Jonathan Williams, Esq^r.,
was then chosen moderator of the meeting.